By: Duncan S.J.R. No. 3

(In the Senate-Filed February 21, 2007; February 28, 2007, read first time and referred to Committee on State Affairs; March 7, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; March 7, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.J.R. No. 3 By: Duncan

SENATE JOINT RESOLUTION

proposing a constitutional amendment requiring a two-thirds record vote of the membership of each house to enact a law granting the power of eminent domain.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article III, Texas Constitution, is amended by adding Section 67 to read as follows:

Sec. 67. (a) A law enacted after January 1, 2007, granting the power of eminent domain may not take effect unless approved by a two-thirds vote of the membership of each house, with the yeas and nays recorded in the journal of the appropriate house.

(b) A law to which this section applies enacted before the effective date of this section that is not approved in the manner required by Subsection (a) of this section is invalidated on the date this section takes effect.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2007. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment requiring a two-thirds record vote of the membership of each house to enact a law after January 1, 2007, granting the power of eminent domain."

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